Ayyappan v. Inspector Of Police

C.V.KARTHIKEYAN, J.

The petitioners/A6 and A-7, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 419, 420 of IPC and Section 15(3) of Indian Medical Council Act 1956 in Crime No. 600 of 2023, seek anticipatory bail.

2. It is stated that the accused Nos. 1 to 5 had been taken into custody and are still in custody. The overt act against these petitioners are that they had supplied the portable scanning machine to the other ccused, who had used it to examine and determine the gender of unborn child.

3. Taking into consideration that the petitioners had only supplied the machineries and there is every possibility that it may not be to their knowledge that it would be put to unauthorised use, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

4. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Thirupatthur, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of this Court concerned, failing which, the

petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

02.11.2023 vsg C.V.KARTHIKEYAN, J.

Vsg 02.11.2023